There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
Blog
Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
Blog
This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
Search Posts
Detroit News
Michigan Target of EPA Carbon Diktat
Yahoo! News
Taxpayer Watchdogs: $14 Trillion U.S. Debt Leaves No Room For Treasury-Backed Loan Guarantees For Energy Projects
Investors.com
Palin: End All Energy Subsidies
Blog
CEI Podcast for May 31, 2011: FDA Rescinds Approval of Breast Cancer Drug
Conko believes this battle boils down to one question: who decides which treatments patients can use? Will it be the FDA, or doctors and patients?…
Blog
California High-Speed Rail All Strung Out on Stimulus on the Outskirts of Town
Emily Washington of Market Urbanism highlights this Los Angeles Times article on the latest — depending on your outlook: hilarious or pathetic —…
Daily Caller
Immigration Reform Can Jumpstart Economy
Jeffrey is a talented electrical engineering PhD student at CalTech. He already holds three patents. One of his inventions may cure glaucoma. It is…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment